THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PILEGGI, ERICKSON, RAFFERTY, ALLOWAY, TOMLINSON, GREENLEAF, BREWSTER, YAW AND BROWNE, FEBRUARY 18, 2011

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, OCTOBER 17, 2011   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for display of registration plate 

and for automated red light enforcement systems in first

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class cities; and providing for automated red light

enforcement in certain third class cities.

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The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1332(b)(2) of Title 75 of the

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Pennsylvania Consolidated Statutes is amended to read:

Section 1.  Sections 1332(b)(2) and 3116(d)(3)(ii), (l) and

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(q) of Title 75 of the Pennsylvania Consolidated Statutes are

amended to read:

§ 1332.  Display of registration plate.

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(b)  Obscuring plate.--It is unlawful to display on any

vehicle a registration plate which:

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(2)  is obscured in any manner which inhibits the proper

operation of an automated red light enforcement system in

place pursuant to section 3116 (relating to automated red

light enforcement systems in first class cities) or 3117

(relating to automated red light enforcement systems in

certain third class cities); or

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§ 3116.  Automated red light enforcement systems in first class

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cities.

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(d)  Penalty.--

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(3)  A fine is not authorized during:

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(ii)  The first [60] 45 days for each additional

intersection selected for the automated system.

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(l)  Payment of fine.--

(1)  An owner to whom a notice of violation has been

issued may admit responsibility for the violation and pay the

fine provided in the notice.

(2)  Payment must be made personally, through an

authorized agent or by mailing both payment and the notice of

violation to the system administrator. Payment by mail must

be made only by money order, credit card or check made

payable to the system administrator. The system administrator

shall remit the fine, less the system administrator's

operation and maintenance costs necessitated by this section,

to the department for deposit into the Motor License Fund.

[Fines deposited in the fund under this paragraph shall be

used by the department to develop, by regulation, a

Transportation Enhancements Grant Program.] Except as

otherwise provided under paragraphs (4) and (5), the

department shall use the fines deposited in the fund under

this paragraph as prescribed under 67 Pa. Code Ch. 233

(relating to transportation enhancement grants from automated

red light enforcement system revenues).

(3)  Payment of the established fine and applicable

penalties shall operate as a final disposition of the case.

(4)  Distribution of fine revenue under paragraph (2)

shall be as follows:

(i)  Fifty percent of the revenue generated through

an automated red light enforcement program under this

section shall be used exclusively for funding of

transportation enhancement grants in the city in which

the violation was prosecuted as provided under 67 Pa.

Code § 233.8(g)(1) (relating to grant selection process

and criteria).

(ii)  Fifty percent of the revenues generated through

the automated red light enforcement program shall be

available for funding of transportation enhancement

grants to eligible sponsors throughout this Commonwealth

as provided under 67 Pa. Code § 233.8(g)(2) except that a

city of the first class, second class or second class A

that implements the automated red light enforcement

program shall be ineligible to receive grants under 67

Pa. Code Ch. 233. This subparagraph shall not apply to

any grants expended or committed prior to the effective

date of this subparagraph.

(5)  The department is allocated 2% of all automated red

light enforcement revenues transferred to the Motor License

Fund under this subsection for its costs in administering

transportation enhancement grants.

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(q)  Expiration.--This section shall expire December 31,

[2011] 2017.

Section 2.  Title 75 is amended by adding a section to read:

§ 3117.  Automated red light enforcement systems in certain

third class cities.

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(a)  General rule.--A city, upon passage of an ordinance, is

authorized to enforce section 3112(a)(3) (relating to traffic-

control signals) by recording violations using an automated red

light enforcement system approved by the department.

(b)  Applicability.--This section shall only be applicable at

intersections in a city designated by the system administrator 

in consultation with the secretary.

(c)  Owner liability.--For each violation under this section,

the owner of the vehicle shall be liable for the penalty imposed

unless the owner is convicted of the same violation under

another section of this title or has a defense under subsection

(g).

(d)  Certificate as evidence.--A certificate, or a facsimile

of a certificate, based upon inspection of recorded images

produced by an automated red light enforcement system and sworn

to or affirmed by a police officer employed by the city shall be

prima facie evidence of the facts contained in it. The city must

include written documentation that the automated red light

enforcement system was operating correctly at the time of the

alleged violation. A recorded image evidencing a violation of

section 3112(a)(3) shall be admissible in any judicial or

administrative proceeding to adjudicate the liability for the

violation.

(e)  Penalty.--

(1)  The penalty for a violation under subsection (a)

shall be a fine of $100 unless a lesser amount is set by

ordinance.

(2)  A fine is not authorized for a violation of this

section if any of the following apply:

(i)  The intersection is being manually controlled.

(ii)  The signal is in the mode described in section

3114 (relating to flashing signals).

(3)  A fine is not authorized during any of the

following:

(i)  The first 60 days of operation of the automated

system at the initial intersection.

(ii)  The first 60 45 days for each additional

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intersection selected for the automated system.

(4)  A warning may be sent to the violator under

paragraph (3).

(5)  A penalty imposed under this section shall not be

deemed a criminal conviction and shall not be made part of

the operating record under section 1535 (relating to schedule

of convictions and points) of the individual upon whom the

penalty is imposed, nor may the imposition of the penalty be

subject to merit rating for insurance purposes.

(6)  No surcharge points may be imposed in the provision

of motor vehicle insurance coverage. Fines collected under

this section shall not be subject to 42 Pa.C.S. § 3571

(relating to Commonwealth portion of fines, etc.) or 3573

(relating to municipal corporation portion of fines, etc.).

(f)  Limitations.--

(1)  No automated red light enforcement system shall be

utilized in such a manner as to take a frontal view recorded

image of the vehicle as evidence of having committed a

violation.

(2)  Notwithstanding any other provision of law, camera

equipment deployed as part of an automated red light

enforcement system as provided under this section must be

incapable of automated or user-controlled remote intersection

surveillance by means of recorded video images. Recorded

images collected as part of the automated red light

enforcement system may only record traffic violations and may

not be used for any other surveillance purposes. The

restrictions set forth under this paragraph shall not be

deemed to preclude a court of competent jurisdiction from

issuing an order directing that the information be provided

to law enforcement officials if the information is reasonably

described and is requested solely in connection with a

criminal law enforcement action.

(3)  Notwithstanding any other provision of law,

information prepared under this section and information

relating to violations under this section which is kept by

the city, its authorized agents or employees, including

recorded images, written records, reports or facsimiles,

names, addresses and the number of violations under this

section, shall be for the exclusive use of the city, its

authorized agents, its employees and law enforcement

officials for the purpose of discharging their duties under

this section and under any ordinances and resolutions of the

city. The information shall not be deemed a public record

under the act of February 14, 2008 (P.L.6, No.3), known as

the Right-to-Know Law. The information shall not be

discoverable by court order or otherwise, nor shall it be

offered in evidence in any action or proceeding which is not

directly related to a violation of this section or any

ordinance or resolution of the city. The restrictions set

forth under this paragraph shall not be deemed to preclude a

court of competent jurisdiction from issuing an order

directing that the information be provided to law enforcement

officials if the information is reasonably described and is

requested solely in connection with a criminal law

enforcement action.

(4)  Recorded images obtained through the use of

automated red light enforcement systems deployed as a means

of promoting traffic safety in a city shall be destroyed at

the end of the 30 days following the final disposition of any

recorded event. The city shall file notice with the

Department of State that the records have been destroyed in

accordance with this section.

(5)  Notwithstanding any other provision of law,

registered vehicle owner information obtained as a result of

the operation of an automated red light enforcement system

under this section shall not be the property of the

manufacturer or vendor of the automated red light enforcement

system and may not be used for any purpose other than

prescribed in this section.

(g)  Defenses.--

(1)  It shall be a defense to a violation under this

section that the person named in the notice of the violation

was not operating the vehicle at the time of the violation.

The owner may be required to submit evidence that the owner

was not the driver at the time of the alleged violation. The

city may not require the owner of the vehicle to disclose the

identity of the operator of the vehicle at the time of the

violation.

(2)  If an owner receives a notice of violation under

this section of a time period during which the vehicle was

reported to a police department of any state or municipality

as having been stolen, it shall be a defense to a violation

under this section that the vehicle has been reported to a

police department as stolen prior to the time the violation

occurred and had not been recovered prior to that time.

(3)  It shall be a defense to a violation under this

section that the person receiving the notice of violation was

not the owner of the vehicle at the time of the offense.

(h)  Department approval.--No automated red light enforcement

system may be used without the approval of the department, which

shall have the authority to promulgate regulations for the

certification and use of such systems.

(i)  Duty of city.--If a city elects to implement this

section, the following provisions shall apply:

(1)  The city may not use an automated red light

enforcement system unless an appropriate sign is posted in a

conspicuous place before the area in which the automated red

light enforcement device is to be used notifying the public

that an automated red light enforcement device is in use

immediately ahead.

(2)  The city or its designee shall serve as the system

administrator to supervise and coordinate the administration

of notices of violations issued under this section.

(3)  The following apply:

(i)  The system administrator shall prepare a notice

of violation to the registered owner of a vehicle

identified in a recorded image produced by an automated

red light enforcement system as evidence of a violation

of section 3112(a)(3). The issuance of the notice of

violation must be done by a police officer employed by

the police department with primary jurisdiction over the

area where the violation occurred. The notice of

violation must have attached to it all of the following:

(A)  A copy of the recorded image showing the

vehicle.

(B)  The registration number and state of

issuance of the vehicle registration.

(C)  The date, time and place of the alleged

violation.

(D)  Notice that the violation charged is under

section 3112(a)(3).

(E)  Instructions for return of the notice of

violation.

(ii)  The text of the notice must be as follows:

This notice shall be returned personally, by mail or

by an agent duly authorized in writing, within 30

days of issuance. A hearing may be obtained upon the

written request of the registered owner.

(j)  System administrator.--

(1)  The system administrator may hire and designate

personnel as necessary or contract for services to implement

this section.

(2)  The system administrator shall process fines issued

under this section.

(3)  The system administrator shall submit an annual

report to the chairman and the minority chairman of the

Transportation Committee of the Senate and the chairman and

minority chairman of the Transportation Committee of the

House of Representatives. The report shall include for the

prior year:

(i)  The number of violations and fines issued.

(ii)  A compilation of fines paid and outstanding.

(iii)  The amount of money paid to a vendor or

manufacturer under this section.

(k)  Notice to owner.--In the case of a violation involving a

motor vehicle registered under the laws of this Commonwealth,

the notice of violation must be mailed within 30 days after the

commission of the violation or within 30 days after the

discovery of the identity of the registered owner, whichever is

later, to the address of the registered owner as listed in the

records of the department. In the case of motor vehicles

registered in jurisdictions other than this Commonwealth, the

notice of violation must be mailed within 30 days after the

discovery of the identity of the registered owner to the address

of the registered owner as listed in the records of the official

in the jurisdiction having charge of the registration of the

vehicle. A notice of violation under this section must be

provided to an owner within 90 days of the commission of the

offense.

(l)  Mailing of notice and records.--Notice of violation must

be sent by first class mail. A manual or automatic record of

mailing prepared by the system administrator in the ordinary

course of business shall be prima facie evidence of mailing and

shall be admissible in any judicial or administrative proceeding

as to the facts contained in it.

(m)  Payment of fine.--

(1)  An owner to whom a notice of violation has been

issued may admit responsibility for the violation and pay the

fine provided in the notice.

(2)  Payment must be made personally, through an

authorized agent or by mailing both payment and the notice of

violation to the system administrator. Payment by mail must

be made only by money order, credit card or check made

payable to the system administrator. The system administrator

shall remit the fine, less the system administrator's

operation and maintenance costs necessitated under this

section, to the department for deposit into the Motor License

Fund. The Except as otherwise provided in paragraphs (4) and

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(5), the department shall use the fines deposited in the fund

under this paragraph as prescribed under 67 Pa. Code Ch. 233

(relating to transportation enhancement grants from

authorized red light enforcement system revenues).

(2.1)  Notwithstanding the provisions of paragraph (2),

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transportation enhancement grants awarded for projects in a

city of the second class shall be limited to the following

and in the following order of preference:

(i)  safety improvements for intersections within the

city at which red light camera enforcement is installed;

(ii)  safety improvements for intersections located

within the city; or

(iii)  actual construction, maintenance and repair of

streets, roadways and highways.

(3)  Payment of the established fine and applicable

penalties shall operate as a final disposition of the case.

(4)  Distribution of fine revenue under paragraph (2)

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shall be as follows:

(i)  Fifty percent of the grant revenues generated

through an automated red light enforcement program under

this section shall be used exclusively for funding of

transportation enhancement grants in the city in which

the violation was prosecuted as provided in 67 Pa. Code §

233.8(g)(1) (relating to grant selection process and

criteria).

(ii)  Fifty percent of the grant revenues generated

through the automated red light enforcement program shall

be available for funding of transportation enhancement

grants to eligible sponsors throughout this Commonwealth

as provided under 67 Pa. Code § 233.8(g)(2) except that a

city of the first class, second class or second class A

that implements the automated red light enforcement

program shall be ineligible to receive grants under 67

Pa. Code Ch. 233. This subparagraph shall not apply to

any grants expended or committed prior to the effective

date of this subparagraph.

(5)  The department is allocated 2% of all automated red

light enforcement revenues transferred to the Motor License

Fund under this subsection for its costs in administering

transportation enhancement grants.

(n)  Hearing.--

(1)  An owner to whom a notice of violation has been

issued may, within 30 days of the mailing of the notice,

request a hearing to contest the liability alleged in the

notice. A hearing request must be made by appearing before

the system administrator during regular office hours either

personally or by an authorized agent or by mailing a request

in writing.

(2)  Upon receipt of a hearing request, the system

administrator shall in a timely manner schedule the matter

before a hearing officer. The hearing officer shall be

designated by the city. Written notice of the date, time and

place of hearing must be sent by first class mail to the

owner.

(3)  The hearing shall be informal; the rules of evidence

shall not apply; and the decision of the hearing officer

shall be final, subject to the right of the owner to appeal

the decision to the magisterial district judge.

(4)  If the owner requests in writing that the decision

of the hearing officer be appealed to the magisterial

district judge, the system administrator shall file the

notice of violation and supporting documents with the

magisterial district judge, who shall hear and decide the

matter de novo.

(o)  Compensation to manufacturer or vendor.--If a city has

established an automated red light enforcement system deployed

as a means of promoting traffic safety and the enforcement of

the traffic laws of this Commonwealth or the city, the

compensation paid to the manufacturer or vendor of the automated

red light enforcement system may not be based upon the number of

traffic citations issued or a portion or percentage of the fine

generated by the citations. The compensation paid to the

manufacturer or vendor of the equipment shall be based upon the

value of the equipment and the services provided or rendered in

support of the automated red light enforcement system.

(p)  Duration of yellow light change interval.--The duration

of the yellow light change interval at intersections where

automated red light enforcement systems are in use shall conform

to the yellow light change interval duration specified on the

traffic signal permit issued by the department or city of the

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second class.

(q)  Revenue limit.--A city may not collect an amount equal

to or greater than 5% of its annual budget from the collection

of revenue from the issuance and payment of violations under

this section.

(r)  Expiration.--This section shall expire December 31,

2017.

(s)  Definition.--As used in this section, the term "city"

means a city of the third class with:

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(1)  a minimum population of 30,000; and A city of the

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third class with a minimum population of 18,000, under the

2010 Federal decennial census, and a full-time police

department.

(2)  a full-time police department. A city of the second

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class A.

(3)  A city of the second class.

Section 3.  This act shall take effect in 60 days.